Birendra Rai @ Kaila v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17193 of 2016 Arising Out of PS.Case No. -235 Year- 2015 Thana -BARGANIA District- SITAMARHI ====================================================== Birendra Rai @ Kaila Son of late Harishchandra Rai, R/o village- Chamra, Godam Road, ward no. 15, Bhakurahar, PS Bairginia, District Sitamarhi. .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Ashok Kumar Jha, Advocate.

For the Opposite Party : Ms. Pushpa Sinha (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-05-2016 Heard both sides.

The petitioner apprehends his arrest in Bairginia P.S. Case No. 235 of 2015, registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code. The informant alleged that Birendra Rai and Marichhiya Devi were assaulting her husband when the informant went there she saw that the petitioner and his wife were pressing chest of her husband who died.

Learned counsel for the petitioner submits that the doctor did not find any external or internal injury. The deceased died his natural death.

On the other hand, learned counsel for the informant submits that both lungs were found congested. On account of

Patna High Court Cr.Misc. No.17193 of 2016 (2) dt.17-05-2016 2/2 pressing the chest by petitioner and his wife the deceased died. The wife of petitioner has already been enlarged on regular bail. The case of petitioner stands on similar footing. Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail in Bairginia P.S. Case No. 235 of 2015, pending in the court the learned Chief Judicial Magistrate, Sitamarhi. Accordingly, the same is rejected.

However, the petitioner, if so advised, may surrender before the court below within four weeks from the date of receipt/production of a copy of this order and pray for regular bail, his prayer shall be considered on its own merit taking into consideration that similarly situated accused who happens to be wife of petitioner has already been granted regular bail. (Prabhat Kumar Jha, J.) KKSINHA/- U T